This Site is owned and operated by MacDonnells Law. The User’s access to and use of the Site is subject to these Terms & Conditions. Use of the Site indicates the User’s acceptance of these Terms & Conditions. The User should read these Terms & Conditions carefully before using the Site.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms & Conditions the following words and phrases shall have the following meanings, unless inconsistent with the context or subject matter:
(a) Confidential Information means any information, whether recorded in writing or otherwise, in respect of the Site, the Intellectual Property and these Terms & Conditions;
(b) Intellectual Property means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity related to or connected with MacDonnells Law or the Site throughout the world including without limitation:
(i) all names, whether registered or not, related to or connected with the Site including without limitation the trading name ‘MacDonnells Law’;
(ii) all domain names related to or connected with the Site;
(iii) all information, material and software related to or connected with the Site;
(iv) the functionality and all information relating to the quote function on the Site; and
(v) the information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site;
(b) MacDonnells Law means the partnership trading as MacDonnells Law;
(c) Site means the website located at the domain macdonnellsconveyancing.com.au;
(d) User means any person or entity that uses the Site.
1.2 In these Terms & Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity;
(b) a reference to a legal entity includes a person;
(c) words importing the singular number include the plural number;
(d) words importing the plural number include the singular number;
(e) the masculine gender must be read as also importing the feminine or neuter gender;
(f) a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
(g) headings are for reference purposes only and must not be used in interpretation;
(h) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(i) a reference to a statute includes all regulations and subordinate legislation and amendments;
(j) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
(k) a reference to a monetary amount is a reference to an Australian currency amount;
(l) an obligation of two or more parties binds them jointly and each of them severally;
(m) an obligation incurred in favour of two or more parties is enforceable by them severally;
(n) references to time are to local time in Queensland;
(o) where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
(p) a reference to a business day means any day on which trading banks are open for business in Queensland;
(q) if any time period specified in these Terms & Conditions expires on a day which is not a business day, the period shall expire at the end of the next business day;
(r) a reference to a month means a calendar month.
2. ACCESS AND LICENCE
2.1 MacDonnells Law grants to the User a non-exclusive, non-assignable licence to use the Site strictly in accordance with these Terms & Conditions.
2.2 The User acknowledges and agrees with MacDonnells Law that the User will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property) in the Site other than the non-exclusive, non-assignable rights granted in accordance with these Terms & Conditions.
2.3 The Site is available only to, and may only be used by, individuals who can form legally binding contracts to use the Site. Without limiting the foregoing, this means the User must not use the Site if the User is under 18 years of age or an undischarged bankrupt (or under any type of insolvency, administration or other insolvency event where the User is a company).
2.4 Where any third party software is used in connection with the Site, the User shall be responsible for obtaining and maintaining such third party software directly from the third party and its use of such software will be governed by the third party’s licence agreement and not by these Terms & Conditions, and the User must comply with the terms of any such licence agreement.
3. REGISTRATION / USER DETAILS
3.1 The User may be required to provide their name and contact details in order to use certain aspects of the Site.
3.2 The User must not use false or misleading information in registering for or using the Site. MacDonnells Law is not responsible for any loss or damage (including misdirected deliveries or notifications) which may occur because the User have not provided MacDonnells Law with up to date, accurate or complete information.
3.3 The User must notify MacDonnells Law immediately if the User becomes aware of any unauthorised use of the User’s email address or other security breach which MacDonnells Law may consider relevant. MacDonnells Law reserves the right to cancel the User’s access to and use of the Site if MacDonnells Law believes (in its absolute discretion) that there has been unauthorised use of the User’s email address or other security breach of security or misuse of the Site.
3.4 By providing the User’s email address, the User permits MacDonnells Law to send the User a request to participate in feedback from time to time so that MacDonnells Law can improve the Site.
3.5 MacDonnells Law accepts no liability for any loss or damage incurred if the User receives delayed or late, or does not receive any notifications by MacDonnells Law to the User, for any whatever reason.
3.6 The User’s use of the Site does not create a relationship of any sort between the User and MacDonnells Law, including that of client and agent.
4. SYSTEM INTEGRITY & USER CONDUCT
4.1 The User must not use the Site to:
(a) impersonate or otherwise misrepresent the User’s identity or affiliation with any other person or entity;
(b) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
(c) input, upload, post, disclose or transmit any material which is subject to intellectual property rights of MacDonnells Law or any third party or breaches any duty of confidence or contractual obligation owed to MacDonnells Law or any third party;
(d) input, upload, post, disclose or transmit any material that is unlawful or violates any law;
(e) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 to any person or company;
(f) download and store electronically, reproduce, transmit, display, copy, distribute or use the Site or any materials contained in either of them;
(g) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or services that may damage the operation of the Site or another’s computer or property of another;
(h) sub-license, rent, lease, transfer or attempt to assign the rights in the Site to any other person and any dealing in contravention of this sub-clause shall be ineffective;
(i) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
(j) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
(k) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(l) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(m) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(n) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses;
(o) breach the Privacy Act 1988 as amended, or the Australian Privacy Principles; or
(p) contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
4.2 The User acknowledges and agrees that the User must not:
(a) use the Site for any purpose other than the purpose for which it was designed and intended;
(b) remove or alter the security or use restriction mechanisms implemented in the Site;
(c) attempt to gain unauthorised access to any materials other than those to which the User has given express permission to access or to the computer system on which the Site are hosted;
(d) commit or permit any act which may interfere with the use of the Site by any other user;
(e) tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;
(f) damage or modify the Site or any part thereof;
(g) reverse engineer, decompile or disassemble the Site or any part thereof;
(h) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Site or any content within the Site or any part thereof; or
(i) modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Site or any content within same in any way.
4.3 The User will not without prior written consent of MacDonnells Law, which shall be given or withheld at MacDonnells Law’s absolute discretion:
(a) affix or otherwise display the User’s name or logo on the content of the Site in a way that suggests a direct or indirect association with MacDonnells Law and/or any shareholder of MacDonnells Law and/or any content provider to the Site; or
(b) use another User’s email address or any other details.
4.4 MacDonnells Law reserves the full and exclusive right to remove any offending or inappropriate material from the Site without notice.
4.5 The User will indemnify MacDonnells Law against any loss, damage or liability arising from or connected to the unauthorised use of the Site by the User or any breach by the User or of any of the matters set out in this clause.
5. LINKS & ADVERTISING
5.1 This Site may contain links to third party websites. Those websites are not under the control of MacDonnells Law and MacDonnells Law is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
5.2 Neither MacDonnells Law nor its employees or agents recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from the Site. The User acknowledges that it enters any third party websites at its own risk.
5.3 The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither MacDonnells Law nor its employees or agents recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If the User chooses to order a product or service advertised by a third party on the Site, it does so at its own risk.
5.4 The User must not link the Site from any other website or facility not owned or operated by MacDonnells Law.
6. GENERAL MAINTENANCE AND TECHNICAL SUPPORT
The rights granted to the User do not entitle the User to receive from MacDonnells Law any technical support, telephone assistance, or enhancements or updates to the Site, however this does not prevent MacDonnells Law from offering such services at its sole discretion and on such terms and conditions as MacDonnells Law requires in its sole discretion.
7.1 MacDonnells Law does not warrant that:
(a) the Site will provide any function for which it is not specifically designed as described on the Site or any other documentation or correspondence issued or publicised by MacDonnells Law;
(b) the Site will provide any minimum level of performance, return, outcome or results; or
(c) the Site will be virus free or free of performance anomalies or be operational without interruption.
7.2 The User warrants to MacDonnells Law that at the time of entering the Site and at all times when using the Site, the User was not relying on any representation made by MacDonnells Law and has made its own enquiries and judgements in relation the use of the Site.
7.3 Except as expressly provided to the contrary, and to the extent permitted by law, MacDonnells Law makes no representations or warranties of any kind, express or implied as to the operation of the User’s access to or the results of the User’s access to the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site.
8. DISCLAIMER AND ACKNOWLEDGEMENT
The User agree and acknowledges that:
(a) to the extent permitted by law, the Site are provided by MacDonnells Law on an “as is” basis without any express or implied warranty of any kind;
(b) the Site may not be suitable for all types of people or circumstances;
(c) it should not rely solely on the Site and recommendations provided by MacDonnells Law, if any, as a substitution for the exercise of their own independent judgment in making a decision and, prior to acting Users are advised to contact its professional adviser to discuss their particular circumstances;
(d) any reproduction, circulation or distribution in whole any information provided by the Site or MacDonnells Law to any person without the prior written consent of MacDonnells Law is strictly prohibited;
(e) the Site may contain inaccuracies or typographical errors;
(f) the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, the User acknowledges and accepts the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
(g) MacDonnells Law may change any of the material on the Site at any time without notice;
(h) MacDonnells Law makes no commitment to update any material on the Site;
(i) the User is responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site; and
(j) the User accepts all risks and responsibility for all loss, damage, costs and other consequences resulting from the User’s use of the Site or the material on or accessible through the Site.
9. LIMITATION OF LIABILITY
9.1 Where the law implies into these Terms & Conditions any term, disclaimer, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of MacDonnells Law and its employees and agents for a breach of any such term, condition or warranty, including any economic or consequential loss which the User may sustain shall be limited, at the option of MacDonnells Law, to:
(a) in the case of services, the supply of the services again, or the payment of having the services resupplied; or
(b) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
9.2 The User releases MacDonnells Law and its employees or agents from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the Site or reliance on the material or information available on or accessible through the Site, even if MacDonnells Law has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
9.3 Without limiting clause 9.2, the User releases MacDonnells Law from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on the Site, whether or not caused by any negligent act or omission including but not limited to:
(a) loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Site;
(b) the User’s reliance on or use of the Site;
(c) the statements or actions of any employee or agent of MacDonnells Law;
(d) any unauthorised access to or alteration of the User’s transmissions or data;
(e) any information that is sent or received or not sent or received;
(f) any failure to store or loss of data or files or other content;
(g) the User’s fraudulent, negligent or otherwise unlawful behaviour;
(h) information, data or other material provided to MacDonnells Law by the User or on the User’s behalf;
(i) any delay or interruption of the Site;
(j) any loss incurred as a result of a third party obtaining the User’s details, either with or without the User’s knowledge;
(k) any loss or damages in relation to the supply of services on or in relation to the Site and any advertisement placed on or information made available on the Site.
The User agrees to indemnify and hold harmless MacDonnells Law, and its employees and agents from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with the User’s use of the Site or the User’s failure to comply with these Terms & Conditions, or from the User’s violation of any applicable law.
11.1 The User acknowledges that:
(a) the quote system on the Site is intended to provide the User with an estimated quote amount payable for conveyance services or any associated services;
(b) the estimated quote amount is based on the key information inputted by the User into the quote system on the Site and that there may be other factors relating to the User’s matter that could affect the estimated quote amount;
(c) the estimated quote amount is for estimated professional conveyance fees and outlays only, and there may be other costs that the User is required to pay external parties associated with their conveyance, including without limitation transfer duty or registration fees to the State Government;
(d) the estimate quote amount is an estimate only which is not legally binding on MacDonnells Law. If the User proceeds to engage MacDonnells Law, then MacDonnells Law will formally advise the User the costs payable for the User’s matter and issue the User with a Costs Agreement that will govern the arrangement regarding such costs; and
(e) it is up to the User’s sole discretion and judgment as to whether the User considers the estimated quote amount is acceptable to the User.
12. INTELLECTUAL PROPERTY
12.1 The User acknowledges and agrees that MacDonnells Law owns the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to the User other than the rights granted expressly by these Terms & Conditions.
12.2 The User must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as its own.
12.3 The User undertakes not to take or permit or omit any action which would or might:
(a) invalidate or put in dispute MacDonnells Law’s title in the Intellectual Property or any part of it;
(b) oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;
(c) support any application to remove or undo MacDonnells Law’s title in the Intellectual Property or any part of it; or
(d) assist any other person directly or indirectly in any of the above.
12.4 The parties agree that any additional or further or new intellectual property rights created, formulated or discovered during or after the User’s use of or access to the Site will be the sole and exclusive property of MacDonnells Law and the User will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or further intellectual property rights to MacDonnells Law.
12.5 Without limiting this clause, MacDonnells Law’s logo and name must not be used as part of the User’s business or in connection with or any goods or services without the prior written consent of MacDonnells Law which shall be given, given on conditions or withheld at MacDonnells Law’s absolute discretion.
13.1 Other than where:
(a) the Confidential Information is in the public domain, except as a consequence of a breach of this clause;
(b) expressly agreed by all parties in writing; or
(c) required by law;
the User must at all times:
(d) treat and keep the Confidential Information confidential;
(e) not use, or allow the use, of the Confidential Information by any third party;
(f) not disclose or allow the disclosure, of the Confidential Information or the fact of the disclosure of the Confidential Information to any third party.
13.2 If requested by MacDonnells Law, the User must immediately return all Confidential Information, and any copies of the Confidential Information, to MacDonnells Law.
13.3 In the event of a breach or threatened breach of the terms of this clause by the User, MacDonnells Law will, as between the parties, be entitled to an injunction restraining the User from committing any breach of this clause without showing or proving actual damage sustained or likely to be sustained by MacDonnells Law.
13.4 This clause shall not merge on the expiry or earlier termination of these Terms & Conditions.
14.1 MacDonnells Law is committed to maintaining the privacy and confidentiality of Users personal information and believes that the responsible use of personal information collected is critical to it’s business objectives and reputation.
(a) the User authorises MacDonnells Law to use, store or otherwise process any information and personal information which relates to and/or identifies the User or its consultants, employees, agents, officers and advisers, including, but not limited to, the User’s name, company or business name, email address and postal address (‘the Personal Information’), to the extent reasonably necessary for the provision of the Site by MacDonnells Law or other parties including for gathering statistical and demographic information;
(b) the User must ensure that all Personal Information provided to MacDonnells Law and that all registration details (where applicable) contain the correct name, address, e-mail address and other requested details;
(c) the User agrees to the processing and disclosure of the Personal Information for the purpose of MacDonnells Law providing and administering the Site ; and
(d) MacDonnells Law will not sell, assign, lease or otherwise dispose of any Personal Information to a third party for merely commercial gain.
15. EMPLOYEES AND CONSULTANTS
15.1 The User agrees to assume responsibility for the actions of its consultants, employees, agents, officers and advisers who have access to the Site.
15.2 The User must ensure that its consultants, employees, agents, officers and advisers will be similarly bound by the obligations created under these Terms & Conditions.
16. NON EXCLUSIVITY
MacDonnells Law may undertake or enter into agreements similar to these Terms & Conditions with other parties and the User will not be entitled to make any objection or claim. The User will not commit or permit any act which may interfere with the dealings between MacDonnells Law and any other party under such an agreement.
17. BREACH AND TERMINATION
17.1 If MacDonnells Law reasonably considers that the User is using the Site in breach of these Terms & Conditions, MacDonnells Law reserves the right to remove any infringing data, file, content or material from the Site and MacDonnells Law shall have no liability to the User for any loss of data or other loss whatsoever as a result of not receiving the Site.
17.2 MacDonnells Law reserves the right to deny the User access to, or use of, all or part of the Site, without prior notice, if the User engages in any conduct that MacDonnells Law believes, in its sole discretion:
(a) violates any term or provision of these Terms & Conditions; or
(b) violates the rights of MacDonnells Law or any third party; or
(c) is otherwise inappropriate for continued access and use of the Site.
17.3 MacDonnells Law may terminate the User’s right to access to, or use of, all or part of the Site, immediately on written notice to the User if the User:
(a) commits a material breach of these Terms & Conditions, which is capable of remedy, and the User fails to remedy the breach within a reasonable time of a written notice to do so; or
(b) commits a material breach of these Terms & Conditions which cannot be remedied; or
(c) is repeatedly in breach of these Terms & Conditions; or
(d) fails to pay any fees payable for the access to or use of the Site pursuant to these Terms & Conditions or other written agreement between the parties; or
(e) is the subject of a bankruptcy order, or become insolvent, or makes any arrangement or composition with or assignment for the benefit of the User’s creditors, or if the User go into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over the User’s assets.
17.4 On termination or expiry of these Terms & Conditions the User’s right to use the Site shall cease and the User shall not be permitted to receive any further information or notifications from MacDonnells Law whatsoever.
17.5 Termination of the User’s access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on the User and all disclaimers and limitations of liability set out in these Terms & Conditions will survive termination.
17.6 In addition to the rights set out above, these Terms & Conditions may be terminated by written agreement of both parties.
17.7 The rights and remedies of each party contained in this clause are in addition to any other rights and remedies by law or under these Terms & Conditions.
18. GENERAL PROVISIONS
18.1 Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
2.5 MacDonnells Law may from time to time amend, update, or change the Site, including these Terms & Conditions, without prior notice. The User acknowledges and agrees that these Terms & Conditions apply to updates, supplements, add on components, or other internet based services or components of the Site.
2.6 MacDonnells Law reserves the right to discontinue the Site or any other internet based services provided to the User or made available to the User through the use of the Site at any time.
18.2 These Terms & Conditions constitute the entire agreement between the User and MacDonnells Law with respect to the Site , and the Terms & Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site .
18.3 No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms & Conditions or constitutes any collateral agreement, warranty or understanding.
18.4 If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.
18.5 The failure by MacDonnells Law to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of MacDonnells Law in respect of any existing or subsequent breach of these Terms & Conditions.
18.6 No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.
18.7 The law of Queensland, Australia govern these Terms & Conditions. The User hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms & Conditions.
18.8 MacDonnells Law operates the Site in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If the User accesses the Site from other locations, the User do so at the User’s own initiative and the User is solely responsible for compliance with local laws.
18.9 Where possible, the obligations of the parties under these Terms & Conditions will indefinitely survive the finalisation or discontinuance of these Terms & Conditions.
18.10 These Terms & Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
18.11 The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms & Conditions.
18.12 The rights and remedies of a party to these Terms & Conditions are in addition to the rights or remedies conferred on the party at law or in equity.
18.13 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
18.14 Any notice or demand in writing required to be given by MacDonnells Law to the User shall be sufficiently served if:
(a) served personally or by pre-paid mail to the User’s address;
(b) sent in electronic form by email to the User’s email address; or
(c) published by notice on the Site.